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HomeMy WebLinkAboutCAG2019-184 - Original - Sound Transit - Memorandum of Understanding re: Federal Way Link Extension Project - 01/12/2017 i; MEMORANDUM OF UNDERSTANDING (Term Sheet) BETWEEN THE CITY OF KENT AND SOUND TRANSIT REGARDING THE FEDERAL WAY LINK EXTENSION PROJECT KENT/DES MOINES AND S 272N11 STAR LAKE STATIONS 1. Background 1.1. The City of Kent (City) is a Municipal Corporation operating under Ch. 35A RCW, with authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and for other lawful purposes. 1.2. Sound Transit is a regional transit authority created pursuant to chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties, 1.3. The Federal Way Link Extension Project (Project) is part of the Sound Transit 2 and Sound Transit 3 Plans for which voters approved financing in 2008 and 2016, respectively, and is an element of Sound Transit's Long Range Transit Plan. 1.4.Sound Transit is conducting environmental review for the Project in accordance with the National and State Environmental Policy Acts (NEPA and SEPA). Sound Transit and the Federal Transit Administration published the Final Environmental Impact Statement (EIS) on November 18, 2016. The Sound Transit Board is expected to make a final decision on the project to be built in early 2017, after consideration of the Final EIS. 1.5. In :uly 2015, the Sound Transit Board identified a preferred alternative to extend light rail to Federal Way (Motion M20i5-56). The preferred alternative would extend south from the angle Lake Station in the City of SeaTac, cross SR 99 and continue along the south edge of the future SR 509 alignment to Interstate 5 (I-5). It would continue south along the west side of I-5. In the Kent/Des Moines station area within the City, the preferred alternative would transition west to be close to Highline College with a station west of 30th Avenue South and south of Kent-Des Moines Road. The alignment would then continue south along the west side of I-5 to include the S 272'0 Star Lake Station within the City and would terminate at the Federal Way Transit Center Station in the City of Federal Way. 1.6. Concurrent with the completion of the environmental review process, Sound Transit advanced the design of the preferred alternative in coordination with key stakeholders. The City and Sound Transit agree that the current understanding of the preferred alternative is as shown in the Pre-Final Preliminary Engineering (PE) Submittal, dated September 23, 2016, which has been provided to the City. Additional design elements that were not reflected in the submittal but which will be incorporated in future submittals were documented in the associated transmittal memo and accompanying exhibits. 1.7. The City Council adopted the Midway Subarea Plan on December 13, 2011, Ordinance No. 4009. The Plan conveys a range of actions that prepares the Midway Subarea for the Project. The City also adopted Midway design guidelines and development regulations, and identified capital investments and other public and private strategies for transit nodes in the Project area. 2. Purpose This Memorandum of Understanding (MOU) is intended to address and document progress toward goals identified by the Sound Transit Board in Motion M2015-56, which directed Sound Transit staff to work with local jurisdictions in the corridor to facilifate access to Highline College, enhance transit-oriented development (TOD) potential in the Midway area and at the S 272 " Street station, and consider permitting processes that would provide certainty and predictability for the Project. 3. Progress to Date 3.1. SEPA Compliance. Sound Transit is the lead agency for compliance with the State Environmental Policy Act. In coordination with the City, Sound Transit has completed the substantive and procedural environmental review for the Federal Way Link Extension Project in accordance with SEPA requirements, with the publication of the Federal Way Link Extension Final EIS in November, 2016. The .__._ _ ........ Fagg nt ti environmental review covers the City's issuance of permits for the Project as well as environmental mitigation, and the City will use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent with WAC 197-11-600. 3.2. Establish a Consolidated Permitting Process. The City commits to work with Sound Transit to develop a consolidated permitting process for Project review and approval. The City agrees to identify and evaluate opportunities to streamline the process and avoid duplication where feasible. Permitting is expected to occur in 2D18 2020. 3.3. Resolve Impractical Code Requirements. The City has determined that the Project as represented in the Pre-Final PE Submittal and accompanying exhibits is generally well-designed. The City commits to consider a development agreement that would provide flexibility from development standards, if such flexibility would benefit the City at an equal or greater value relative to the standards. 3.4. Support Light Rail System in Land Use Plans and Development Regulations. The City commits to take all reasonable and feasible measures necessary to support and accommodate the light rail system in land use plans and development regulations. 3.5. Vesting. Under Washington law, certain building and development regulations can "vest," or be locked in, early in the development process. Typically vesting occurs with submittal of a complete building permit application, The City and Sound Transit will cooperate to identify those regulations that can be vested early in the process so that Sound Transit can design the Project according to consistent standards, and predict Project costs and timelines with reasonable certainty. 3.6. The City and Sound Transit commit to continue working cooperatively with each other and with Project stakeholders to build a nevi, multimodal street along S 236`' Street that serves as a gateway connecting the Kent/Des Moines Station and Highline College. Paxc of`S 3.7. The City and Sound Transit commit to coordinate with WSDOT to enact traffic calming measures along SR 99 in the vicinity of the Kent/Des Moines Station. 3.8. The City and Sound Transit commit to continue working cooperatively with each other and with Project stakeholders to develop bike and pedestrian connections through the Midway area that can connect to future bike and pedestrian facilities in the City and in neighboring jurisdictions. 3.10.The City and Sound Transit commit to continue working cooperatively with each other and with King County Metro to facilitate east-west transit connections serving the Kent/Des Moines and S 272"d Star Lake Stations. 3. 11. The City and Sound Transit commit to continue working cooperatively with each other and with Project stakeholders in support of TOD and place-making strategies in the Kent Des Moines area, including but not necessarily lim'ted to future surplus property owned by Sound Transit. 4. Conclusion and Signature Block This MOU is intended by the Parties to serve as a non-binding statement of the Parties' progress toward the goals identified by the Sound Transit Board in Motion M2015-56 and shared by the City. Sound Transit and the City acknowledge that this MOU is not a complete statement of terms and conditions that will apply to the transactions contemplated in this MOU. If Sound Transit and the City determine it is in their respective best interests to enter into an agreement or agreements at some future date related to the subject matter of this MOU, the terms of those agreements shad govern. The City and Sound Transit recognize that future agreements will be subject to approval by the City Council and Sound Transit Board and must comply with applicable federal and state regulations. Additional issues not addressed in this MOU may be identified and included in these future agreements. Pace 4 of ti n SOUND TRANSIT Peter M. Rogoff Date Chief Executive Officer CITY OF KENT (,.—Mayor ,�5uz: ttr oke Date C..._...M�a//yo r ....... Page, 5of5